RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02160 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: She believes her two years of service merit an honorable discharge. She is considering enlisting in the National Guard and she needs the upgrade to complete the process. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on 16 Aug 90. On 13 Oct 92, the applicant’s commander notified her that she was recommending her for discharge from the Air Force for minor disciplinary infractions. The reasons for this action were: a. On 11 Mar 91, she was found to be delinquent in paying her NCO Club bill, for which she received a letter of counseling. b. On 12 Apr 91, she was found to be delinquent in paying her NCO Club bill for which she received a letter of counseling. c. On 3 May 91, she was negligent in operating a government vehicle and caused damage to the vehicle, for which she received a letter of counseling. d. On 16 May 91, she was found to be delinquent in paying her NCO Club bill for a third straight month, for which she received a letter of counseling. e. On 6 Jun 91, she was negligent in operating a government vehicle and caused damage to the vehicle, for which she received a Letter of Reprimand. f. On 12 Jun 91, she was found to be delinquent in paying her NCO Club bill for a fourth straight month, for which she received a Letter of Reprimand. g. On 12 Nov 91, she was found to be delinquent in paying her NCO Club bill, for which she received a Letter of Reprimand. h. Between 21 May 92 and 20 Jun 92, she falsely pretended to her roommate that she would not make long distance calls on her roommate’s phone, and then made $1,244.28 of long distance calls on her roommate’s account, for which she received an Article 15, was reduced in rank, and restricted to base for 30 days. On 16 Oct 92, the applicant acknowledged receipt of the action and, after consulting with legal counsel, elected to submit a statement on her own behalf. The applicant’s commander recommended she be discharged from the Air Force for minor misconduct, and on 21 Oct 92 the case was determined to be legally sufficient. On 22 Oct 92, the discharge authority directed the applicant be discharged for minor disciplinary infractions without probation and rehabilitation and directed her service be characterized as general. On 2 Nov 92, the applicant was furnished a General (Under Honorable Conditions) discharge for “Misconduct—Pattern of Minor Disciplinary Infractions,” issued a Reentry (RE) Code of “2B,” and was credited with 2 years, 8 months, and 27 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 1 Oct 12, a copy of the FBI Investigative Report and a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the documentation presented sufficient to conclude the applicant has been the victim of an error or injustice. While the applicant contends her two years of service merit an honorable discharge, we find no evidence or an error or injustice that occurred in the discharge process. It appears the applicant’s general (under honorable conditions) discharge was consistent with the substantive requirements of the discharge regulation in effect at the time and within the commander’s discretionary authority. No evidence has been presented to indicate otherwise. In the interest of justice, we considered upgrading her discharge on the basis of clemency; however, in the absence of any documentary evidence for us to consider in determining whether her post-service accomplishments were sufficient to overcome the misconduct that formed the basis of her discharge, we are not inclined to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02160 in Executive Session on 7 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02160 was considered: Exhibit A. DD Form 149, dated 26 Apr 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 1 Oct 12, w/atch.